A bombshell report has uncovered a radical immigration proposal from Donald Trump's first term, revealing a plot that critics argue would have stretched presidential power to its constitutional limits.
A leaked draft memo, obtained by The Independent, shows the Trump administration actively considered invoking obscure laws from the 1790s to deploy the National Guard for mass arrests of undocumented migrants. The plan, drawn up by then-DHS official Gene Hamilton, was presented to acting Secretary Chad Wolf in the final months of Trump's presidency.
The Controversial 'Grants' Clause
The memo's central argument hinged on an unprecedented interpretation of the 1807 Insurrection Act and a centuries-old clause known as the 'Militia Clauses'. Hamilton's legal team contended that the president possessed the unilateral power to deploy troops for immigration enforcement if he deemed a state 'unwilling' to maintain order—a subjective and highly controversial standard.
This interpretation was a direct challenge to the Posse Comitatus Act, a foundational 19th-century law that strictly limits the use of federal military personnel for domestic law enforcement.
A Blueprint for a Second Term
While the proposal was never officially enacted, its emergence is highly significant. It provides a concrete blueprint for the hardline immigration strategies being championed by Trump's allies today. Stephen Miller, a key architect of Trump's first-term immigration policy, has publicly advocated for this very approach, signalling its potential return.
The memo explicitly states its goal was to create a mechanism to "ensure we have the authority to use our military if necessary to protect the homeland and to protect American citizens and their communities."
Legal Experts Sound the Alarm
Constitutional scholars and former officials have reacted with profound alarm. They describe the plan as a dangerous overreach that would politicise the military and undermine America's democratic foundations.
This revelation comes amidst a broader campaign by pro-Trump think tanks like the America First Policy Institute (AFPI) to draft executive orders that would aggressively expand presidential power over federal agencies, from the Justice Department to the FBI, in a potential second term.
The leaked document serves as a stark warning of the unprecedented and controversial measures that may define a future Trump administration.
